Questions & Answers

Who is eligible for the Medical Care Expense Exemption for Persons Age 65 Years or Older?

If you or your spouse are 65 years of age or older, and you paid unreimbursed and uncompensated medical care expenses of $28,000 or more during the 2020 tax year, you may be eligible to claim an exemption of $3,000.

The medical care expenses may be made for the care of any combination of you, your spouse, or your dependents. The exemption is allowed for out-of-state residents with an income tax responsibility to New Mexico. However, when medical expenses are incurred for services provided, usually the person providing the service must be licensed or certified to practice in New Mexico.

If you are eligible to claim the Medical Care Expense Exemption for Persons Age 65 Years or Older, you are also eligible to claim the Refundable Medical Care Credit for Persons 65 or Older, allowing an additional tax benefit.

The types of medical expenses you may include are described in this portion of the PIT-1 instructions . There is one difference from these instructions that applies to this exemption: you may include unreimbursed and uncompensated medical care expenses that are included in your itemized deductions on federal Form 1040, Schedule A.

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